Fritsch v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York and Queens County Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 20th day of April, 1903, upon the verdict of a jury for $2,500, and also from an brdfer entered in said clerk’s office on the 19th day of May, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
This is an action to recover damages for the negligent killing of the plaintiff’s son, a boy seven and one-half years of age, who was run down by one of the defendant’s electric cars upon a street crossing in Astoria, in the borough of Queens. There was evidence from which the jury could find that the motorman ought to have seen the boy in season to avoid injuring him, and that the motorman, who was running his car at a speed of twenty miles an hour, was looking to the side instead of to the front of the car at the time of the accident. The age of the child was such that…
2Cases cited4 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Platt v. . Albany RailwayNew York Court of Appeals · 1902
3Cited by4 opinions
- Gross v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1914
- Gainer v. HinesAppellate Division of the Supreme Court of the State of New York · 1920
- Malott ex rel. Malott v. HarveyMissouri Court of Appeals · 1918
- Bayliss v. International Railway Co.New York Supreme Court · 1919